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Same-Sex Relationship Recognition Laws: State by State

4/9/2009

Fourteen states and the District of Columbia provide legal relationship recognition for same-sex partners and their dependents. These laws may influence whether state-regulated insurance must offer spousal beneits equally to same-sex couples, how domestic partner benefits are taxed and may also extend state Family and Medical Leave Act or similar spousal benefits to domestic partners. Because of federal law, employers and employees must calculate income in several different forms based on state guidelines and then based on federal guidelines.

State issues marriage licenses to same-sex couples and recognizes marriages legally entered into in another jurisdiction (4 states):

  • Connecticut†ü (2008)
  • Iowaü (2009)
  • Massachusettsü (2004)
  • Vermont††ü (Sep. 1, 2009)
  • and formerly California‡ (Jun-Nov 2008)

State recognizes marriages by same-sex couples legally entered into in another jurisdiction (1 state):

  • New Yorkü (2008)

Statewide law provides the equivalent of state-level spousal rights to same-sex couples (6 states and DC):

  • California‡ü (domestic partnerships, 2007)
  • Connecticut†ü (civil unions, 2005)
  • District of Columbia (domestic partnerships, 2002)
  • New Hampshire**ü (civil unions, 2008)
  • New Jerseyü (civil unions, 2007)
  • Oregon*ü (domestic partnerships, 2008)
  • Vermont**ü (civil unions, 2000)

Statewide law provides some state-level spousal rights to same-sex couples (4 states):

  • Colorado* (designated beneficiary, Jul. 1, 2009)
  • Hawaii** (reciprocal beneficiaries, 1997)
  • Maine** (domestic partnerships, 2004)
  • Washington** (domestic partnerships, 2007)

† Connecticut’s law restricting marriage was overturned October 2008 and marriage licenses available as of November 2008; civil unions also remain.
†† Vermont’s law restricting marriage was overturned by legislation in April 2009; marriage licenses will be available beginning September 1.
‡ California voters approved a constitutional amendment restricting marriage to one man and one woman November 2008.

* Has a constitutional amendment restricting marriage to one man and one woman.
** Has a law restricting marriage to one man and one woman.

ü State law or regulation mandates benefits equal to different-sex spouses under this relationship structure.